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Uncertainty over WorkCover SA changes

Updated
Thu 28 Jan 2010, 2:42 PM AEDT

Despite appearing before a new WorkCover medical panel, Gordon Bowles says he is still not sure if he can stay under the scheme.

Transcript

IAN HENSCHKE, PRESENTER: According to the Australian Manufacturing Workers Union, which is one of the state's largest, only one worker has been affected by the new WorkCover changes has ever spoken publically about their experiences and that was Gordon Bowles last week on Stateline.

The Government's sweeping changes to the scheme are still causing anger amongst unions and workers. Earlier this week Gordon Bowles went before one of the new WorkCover medical panels and Simon Royal caught up with him afterwards and found he still doesn't know what the future holds.

SIMON ROYAL, REPORTER: On Wednesday Gordon Bowles had what may well be his day of reckoning.

GORDON BOWLES, WELDER: It is very intimidating but I guess the way I was brought up was if you believe that you're right then to carry it on.

That was when he went before the State Government's WorkCover medical review panel. The panel was one of the controversial changes the Government made last year in a bid to rein in WorkCover's galloping unfunded liability.

Gordon Bowles is a welder and eight years ago he badly injured his knees and legs in a workplace accident. He's now working on permanent restricted duties but he says he will soon need further knee operations. But because over the years he has been on WorkCover for more than 130 weeks, under the new rules he can be cut off. He had to front the panel to see what will happen.

GORDON BOWLES: I think the panel has got its merits in deciding medical issues or medical disputes and one of mine was a medical dispute about the company saying they believe that I don't need any more operations and stuff like that.

But legally-wise I am completely confused. I don't under how they can do it and I don't believe it's a cost cutting effect. To see four doctors and have their wages paid to make a decision on me about a legal issue I don't understand that.

TONY KERIN, AUSTRALIAN LAWYERS ALLIANCE: Essentially they are doing the work of legally trained people when they are not trained for it. I certainly wouldn't want a lawyer operating on me. I would require a judge to consider my legal issues not a doctor.

SIMON ROYAL: Gordon Bowles says the panel told him they had up to 60 days to let him know of their decision but that he should learn of his fate in about two weeks. Whatever they decide he will have no right of appeal.

DEREK THOMAS, AMWU: That's the way I understand it, there's no right of appeal on behalf of the worker.

SIMON ROYAL: Derek Thomas is an organiser with the Australian Manufacturing Workers Union. He was allowed to accompany Gordon Bowles to the panel but not to represent him. He too can see good things in the medical panel concept but he says there is nothing to stop it being abused.

DEREK THOMAS: My concern was what's to stop a company from using this process vexatiously and continue to lodge question after question and providing that question's in line with the regulations then this panel is duty bound the meet and then answer that question.

SIMON ROYAL: Gordon Bowles believes the panel treated him with respect and courtesy but he can't say the say the same of the Labor Party which changed WorkCover. Whether it costs Labor votes next election remains to be seen. Gordon Bowles is of the opinion it will.

GORDON BOWLES: Very much so. The people I work with, and there's a lot of them, are very disgruntled over this WorkCover and other issues but mainly WorkCover.

SIMON ROYAL: Disgruntled enough to take their votes away from the Labor Party and there was an assumption there that they had traditionally been Labor voters?

GORDON BOWLES: Yeah, yeah yeah. People who have voted Labor all their life have spoken to me and said they won't be doing it this year.